Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7728

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6800)

SIGMA STEEL CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Sigma Steel Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Sigma Steel Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Sigma Steel Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of their Enterprise Agreement 2016-2018. The dispute was brought before the Fair Work Commission. The legal issues that arose for determination included whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was made in good faith and without the influence of coercion, duress, or misconduct.

The Commission examined the terms of the agreement and the process by which it was made. It assessed whether the agreement contained all the mandatory terms prescribed by the Act and whether it was free from any unfair content. The Commission considered submissions from both parties and evidence presented regarding the bargaining process. The Commission determined that the agreement complied with the statutory requirements and was made in good faith. It found that the mandatory terms were included and that there was no evidence of unfair content or improper influence in the bargaining process.

Based on this assessment, the Fair Work Commission approved the Enterprise Agreement 2016-2018 between Sigma Steel Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division). The Commission found that the agreement met all necessary legal standards and was suitable for registration. This approval formalises the terms of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established